MaggieNY Posted September 25, 2004 Report Share Posted September 25, 2004 Hello everyone. I'm wondering if anyone can offer any advice for me.The first situation is a letter I received from a collection attorney from a debt that's now about 4 years old (original debt about $3900 and they are asking over $5000) which is still under the SOL, which is 6 years here in NY. It does state that I have 30 days to dispute. I've read that sending a DV letter will only encourage them to sue, but I assume doing nothing is worse. So, should I respond with a DV letter at this point?The second situation is a call I received from a different CA, stating that they are the CA for Household Bank for a gym membership. I am sure that I never opened the membership and stated so. I asked for verification of this debt and they sent me an invoice with nothing more than Household's name, the account number and the amount they demanded I pay ("final demand" as they put it). Well, the supposed debt is past the SOL for New York so I know that I am not legally obligated to pay, regardless of the fact that I am sure I never opened that account. What should I do at this point? Do I send a letter stating that it's past the SOL so to cease and desist calling me, or do I send them a DV letter? Thanks in advance. Link to comment Share on other sites More sharing options...
DocDon Posted September 25, 2004 Report Share Posted September 25, 2004 Always DV. It's your right - take advantage of it. You'd be surprised how unorganized a number of these CA/attorneys really are. Don't let their job title intimidate you - that's what these OC's count on when they use a CA/attorney. They're a CA first, an attorney second.As far as the second collection, I didn't know Household was a gym. I thought they only did credit cards. I also didn't know Household was into the junk debt buying business. What CA is this?Sending a printout is not validation. Hit them with the Wollman FTC opinion letter, then report them to their state Attorney General and the FTC. They're in the business to know the laws, and they chose to ignore them. Time to file complaints. Link to comment Share on other sites More sharing options...
MaggieNY Posted September 26, 2004 Author Report Share Posted September 26, 2004 Thanks for the reply.Actually, it's quite confusing how Household got involved. It's the collection agency that called me (Anchor Receivables Management). They first claimed that I opened the gym membership and got a line of credit with the gym for my membership, but defaulted on it, so Household stepped in and Anchor is collecting for Household. During the second call I was told that I opened the gym membership and then opened a Household Bank account to put the gym membership on and that I was even making payments on it, but stopped so now they are collecting for Household. Either way, I never opened either account and it's past the SOL anyway. I only requested validation over the phone. So, should I send them a cease and desist on the basis of the SOL or a DV letter? As for the other one, I will send them a DV letter. Link to comment Share on other sites More sharing options...
DocDon Posted September 26, 2004 Report Share Posted September 26, 2004 Absolutely C&D. Save yourself some time and mention the Wollman FTC Opinion - they're not to send you a computer generated printout of this alleged debt. They are to get all information directly from Household. Link to comment Share on other sites More sharing options...
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